Chamirthi Subba Raju Alias ... vs The Special Deputy Collector, ...
2021 Latest Caselaw 269 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                  WRIT PETITION No.22387 of 2020


ORDER: (Heard and pronounced through Blue Jeans App (Virtual) mode, since
this mode is adopted on account of prevalence of COVID-19 pandemic)

       Heard the learned counsel for the petitioners and learned Assistant

Government Pleader for Land Acquisition. With their consent, the writ

petition is being disposed of at the stage of admission.


       The grievance of the petitioners in the present writ petition is that

the respondents have not taken any steps to deposit/pay the enhanced

compensation amounts in respect of the trees in the lands acquired from

the petitioners and that the same is illegal, void, arbitrary, unconstitutional

and violative of rights of the petitioners guaranteed under Articles 14, 21

and 300-A of Constitution of India and therefore seek a direction to the

respondents to deposit/pay the compensation to the petitioners. The

petitioners' lands in different extents as mentioned in the affidavit filed in

support of the writ petition were acquired for the foreshore submersion

construction of Kandaleru Reservoir under Telugu Ganga Project pursuant

to notification dated 24.08.1990 issued by respondents. The Land

Acquisition passed an Award on 25.03.1991 and on a reference in

L.A.O.P.No.101 of 1991, a judgment was passed on 30.11.2001 enhancing

the compensation for lands, but confirming for trees. Against the same, the

petitioners preferred L.A.A.S.No.57 of 2019 and the Hon'ble Common High

Court at Hyderabad by a common judgment dated 05.11.2019 further

enhanced the compensation. The State against the said judgment has not

carried the matter by way of appeal to the Hon'ble Supreme Court. Thus

the quantum of compensation payable to the petitioners has attained

finality. Despite the said position, the compensation has not been deposited

to the petitioners till today.

The learned counsel for the petitioners submits that the respondents

even after lapse of more than one year failed to deposit/pay compensation

to the petitioners which has attained finality by virtue of the order of

Hon'ble Division Bench referred to above. He states that the petitioners are

discriminated in as much as some of the claimants whose lands/trees were

acquired along with the petitioners' lands have been paid compensation,

however due to reasons not known to the petitioners, they were not paid

compensation so far. The learned counsel states that due to discrimination

as well as non payment of the compensation, the petitioners are seriously

prejudiced and under those circumstances, the petitioners are constrained

to approach this Court.

The learned Assistant Government Pleader for Land Acquisition on

instructions submits that the proposals for payment of compensation are in

process, but the same would take some considerable time to finalise the

same. Accordingly, he seeks Four months time for making/depositing the

amounts towards the compensation.

Considered the submissions made by both the parties. This is a

matter where the petitioners' lands along with trees were acquired in the

year 1990 and the compensation has not been paid even after the matter

has attained finality in the year 2019 by virtue of the orders passed by the

Hon'ble Division Bench in L.A.S.No.57 of 2019 & batch dated 05.11.2019.

The petitioners are entitled for the lawful compensation as determined by

the Courts of Law and they cannot be deprived of fruits of the order due to

undue delays. In the present case, the dispute with regard to

determination of compensation remained unchallenged and thus attained

finality. In such circumstances, the respondents have no other alternative

except to deposit/pay the compensation due and payable to the petitioners.

Though this Court is not inclined to go into the aspects of the

discrimination, however finds justification in the submissions made by the

learned counsel for the petitioners that the petitioners are deprived of

enjoying the fruits of the orders passed in their favour due to delay on the

part of the respondents. Under the said circumstances, the respondents are

directed to deposit/pay the compensation in respect of the trees in the

lands acquired from the petitioners, within a period of four (4) weeks from

the date of receipt of copy of the order.

Accordingly, the Writ Petition is disposed of. There shall be no order

as to costs.

As a sequel, all the pending miscellaneous applications, if any, shall

stand closed.

______________________ NINALA JAYASURYA, J

Date: 21.01.2021 BLV

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.22387 of 2020 Dt:21.01.2021

BLV